Resubmit AOS Application

[AKISSI 1]

i submitted my I-485 and I-130 as the applicant on july 2017. as for now, my case is being processed for interview. however I just realized I made some mistakes and omission on my files that may affect the inetrview and my green card. i want to know if it's possible to suspend the actual case and submit a new one with more preparation? 
Like a second chance application?

[geowrian 22,337]

Well, technically you can withdraw them then file again. However, it's not like the past application or petition will just go away. The IO will consider (and likely wonder) why the past petition + application was withdrawn.

 

Assuming you were eligible to file at the time (I'm assuming it's based on being an IR of a USC since you concurrently filed), then it's better to fix the issues in your current submissions than to send new ones. Send a correction if needed.

Also note that the EAD (and AP, if obtained) would become invalid once the I-485 is withdrawn, so a new one must be obtained to work or travel abroad & return.

[AKISSI 1]

15 minutes ago, geowrian said:

Well, technically you can withdraw them then file again. However, it's not like the past application or petition will just go away. The IO will consider (and likely wonder) why the past petition + application was withdrawn.

 

Assuming you were eligible to file at the time (I'm assuming it's based on being an IR of a USC since you concurrently filed), then it's better to fix the issues in your current submissions than to send new ones. Send a correction if needed.

Also note that the EAD (and AP, if obtained) would become invalid once the I-485 is withdrawn, so a new one must be obtained to work or travel abroad & return.

Thank you Geowrian, so do you sugest me to do? My EAD has been approuved already (I’m still waiting for it) and my interview is ready to be scheduled soon. Meaning my case is accepted. Isn’t it too late to submit any corrections? 

[geowrian 22,337]

5 minutes ago, AKISSI said:

Thank you Geowrian, so do you sugest me to do? My EAD has been approuved already (I’m still waiting for it) and my interview is ready to be scheduled soon. Meaning my case is accepted. Isn’t it too late to submit any corrections? 

No, you can submit new evidence or corrections at any time really. Usually it's in response to an RFE - which can come at any point prior to approval - but if the correction is something serious enough that you want to get ahead of it, I don't see why you couldn't send a copy of the NOA1 + a cover letter + the corrected form(s) and/or new evidence. Typically they only take it via an RFE, but I would fight it that way (or at least show attempts to submit a correction) rather than starting completely over.

 

The EAD piece was just to note that if somebody did withdraw the I-485, then the EAD obtained via that I-485 is revoked.

 

If the issue is just a wrong box or missing document(s) or evidences or something, then I would just wait for an RFE, or present it at the interview.

Edited December 12, 2017 by geowrian

[AKISSI 1]

4 minutes ago, geowrian said:

No, you can submit new evidence or corrections at any time really. Usually it's in response to an RFE - which can come at any point prior to approval - but if the correction is something serious enough that you want to get ahead of it, I don't see why you couldn't send a copy of the NOA1 + a cover letter + the corrected form(s) and/or new evidence. Typically they only take it via an RFE, but I would fight it that way (or at least show attempts to submit a correction) rather than starting completely over.

 

The EAd piece was just to note that if somebody did withdraw the I-485, then the EAD obtained via that I-485 is revoked.

Okay 👌🏻 thank you very much for your help